Subletting Ban in Tilburg: What is Allowed and What is Not?

A subletting ban is a clause in a lease agreement that prohibits the main tenant in Tilburg from subletting the property (in whole or in part) to a third party. This is intended to ensure that the main tenant resides in the property themselves and does not act as a landlord. In this article for tenants in Tilburg, we explain what a subletting ban means, when it applies, and the consequences of breaching it. In case of problems, you can go to the District Court of Zeeland-West-Brabant at Wilhelminapark 100 in Tilburg or the Legal Aid Office Tilburg at Spoorlaan 364.

What Does a Subletting Ban Entail?

A subletting ban prohibits the main tenant in Tilburg from subletting the property or rooms thereof, such as a room to a student or the entire property via Airbnb. It ensures that the tenant uses the property as their primary residence, not as an income-generating model. Even without explicit mention, the ban may be implicit, for example, if the landlord rented the property for personal use. A typical clause reads:

'The tenant may not sublet the property in whole or in part to third parties.'

Legal Basis in Tilburg

The subletting ban derives from general tenancy rules, relevant for Tilburg:

Tenancy Act 1995: Regulates tenancy rights and requires the property to be used for the tenant's own purposes, excluding subletting without permission.
Article 7:206 of the Dutch Civil Code: The tenant must use the property as intended at the time of letting.
Article 7:207 of the Dutch Civil Code: Explicit prohibition on subletting without the landlord's consent – the core of the ban.

In Tilburg, with many students and social housing, this is strictly enforced.

When Does the Subletting Ban Apply in Tilburg?

It always applies if explicitly stated in the agreement. Without that, it may be implicit, especially in social housing or private rentals for own occupation.

Explicit Ban

Clause such as:

'No subletting of the property to third parties permitted.'

This is binding without additional permission.

Implicit Ban

In social housing in Tilburg (e.g., Woonbedrijf) or private rentals for own use, it applies automatically to prevent abuse.

Consequences of Breach in Tilburg

Breach may lead to:

Termination of Lease Agreement: The landlord can terminate the lease via the District Court of Zeeland-West-Brabant (Wilhelminapark 100) due to breach of contract.
Fines: Some contracts provide for monetary penalties.
Claim for Damages: For loss of income or damage.
Tenancy Dispute Procedure: Tenants can obtain free advice from the Legal Aid Office Tilburg (Spoorlaan 364).

In Tilburg student neighborhoods such as the Koepel area, strict oversight is applied to Airbnb-like practices.

Exceptions and Permission

Subletting is permitted with the landlord's written consent, often for temporary situations such as study trips. Always request this and document it. Social housing associations in Tilburg rarely approve it.

Tips for Tenants in Tilburg

Read your contract carefully for subletting clauses.
Request written permission for subletting.
In case of disputes: Legal Aid Office Tilburg (Spoorlaan 364) or Court (Wilhelminapark 100).
Avoid platforms like Airbnb to limit risks.